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Federal Ruling in Lawsuit to Stop Rail a 'Mixed Bag'

Former Hawaii Gov. Ben Cayetano, UH Law Professor Randall Roth and Retired Businessman Cliff Slater with their attorney outside federal court.

“A mixed bag” and “another step in a long journey.” That’s how University of Hawaii Law Professor Randall Roth described Thursday’s ruling by Judge Wallace A. Tashima in a federal case challenging the city’s planned $5.2 billion elevated steel on steel rail project.

The ruling grants the plaintiffs’ injunction and temporarily halts any construction activities on phase 4 of the rail project, but it also allows the city to move forward with design, planning and engineering, and does not impact phases 1 through 3 of the project.

Honolulu Mayor Peter Carlisle said: “This ruling is very reasonable, and is essentially what the City asked for. It will allow construction to resume after compliance with the Hawaii Supreme Court decision, while other work will continue. And the City can address remaining issues in a timely manner without undue burden.”

Comments from HART Executive Director and CEO Dan Grabauskas echoed those of the mayor: “This is the news we had hoped for. The judge’s ruling allows us to complete the remaining work requested by the court, while keeping the project on schedule. These additional studies will be completed next year, well in advance of when construction was scheduled to begin in the City Center area. Oahu residents can look forward to seeing their rail system fully operational in 2019 as planned.”

While the city and its rail authority are claiming victory, Roth, one of eight plaintiffs in the federal lawsuit filed in May 2011, said there were parts of the ruling that the plaintiffs were pleased with.

The real estate acquisition and construction ban in phase 4, which includes the downtown Honolulu, Kakaako and Ala Moana areas, is especially hurtful to the city’s plans to speed the project along, Roth said.

Construction on the entire rail project is on hold because of a state Supreme Court ruling this fall that ordered the project to stop until the archeological surveys are completed along the entire 20-mile route.

The city began construction on the project this past summer, claiming it could segment the archeological survey into four parts. But the state court ruled the city broke the law when it began construction, and put the project is on hold until the city completes the remaining in town surveys for the project, and identifies any native Hawaiian burial sites that may be impacted by the rail.

Roth said the plaintiffs, who include former Gov. Ben Cayetano, Retired Judge Walter Heen, retired businessman Cliff Slater, Dr. Michael Uechi, Hawaii’s Thousand Friends, Outdoor Circle and Sen. Sam Slom's Small Business Hawaii Entrepreneurial Education Foundation, will meet to decide whether to appeal portions of the ruling, that is now final, to the Ninth Circuit Court.

Roth said he expects both sides will appeal parts of the decision they don’t agree with.

The ruling also discusses litigation costs, directing both to bear their own litigation costs.

Plaintiffs, who have spent some $400,000 of money raised privately, said the private attorneys hired by the city are doing whatever they can to increase the legal costs. Meanwhile taxpayers continue to cover the city’s litigation fees. The Honolulu City Council has authorized over $1 million to cover court costs.

Short URL: http://www.hawaiireporter.com/?p=246799

4 Comments for “Federal Ruling in Lawsuit to Stop Rail a 'Mixed Bag'”

  1. The city & Hart knew the rail would be delayed, yet continues to fund useless positions. Remember; http://www.hawaiinewsnow.com/story/18530336/counc...
    LAST, don't forget Caldwell's promises seem t/b the same as Carlisle's.
    One: We are preparing Honolulu for the future,
    Two: We are investing in infrastructure,
    And Three: We are ending politics as usual and increasing citizen engagement.

  2. The city and all these reckless politicians have been performing by their own agenda. Wayne Yoshioka stated in an interview that for the past 40 years the Leeward community has been purposely planned WITH the intent to include a rail. So people the rail is not a "solution" to traffic, the traffic mess could be predicted in the interim to get worse but that was the sacrifice the politicians were willing to impose on the people of Hawaii as part of their "pay to play" game that they accused Cayetano of when they themselves have been, are, and will continue to play for personal gains. In the recent election Caldwell did not win by an OVERWHELMING majority, in fact it was only by 8% and even that surprised many since all the polls leading up to the election showed Cayetano in a substantial lead. Then we find after the fact the the city screwed up the elections by not printing enough ballots, simple math or manipulation to influence the outcome? Was anyone held accountable and paid the consequences, absolutely not! People, stand up and hold all elected officials to accountability. Don't wait until you realize that the food that could've and should've been on your table is now on somebody else's table and that table is in California or Italy for that matter! I, like everyone else would like this rail nightmare to go away for good and not to haunt every generation with financial consequences forever. I believe there is power in numbers, 46 thousand who are against rail is a lot of power, use it wisely!

  3. [...] the death of Hawaii’s beloved senator and rail advocate, Daniel K. Inouye, as well as a Federal Court decision, signal that construction will proceed, vociferous debate aside. As the line begins to take shape, [...]

  4. The ruling also discusses litigation costs, directing both to bear their own litigation costs buypreconstructionmiami.com

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